Marriage is necessarily the basis of social organisation and the foundation of important legal rights and obligations. The importance and imperative character of the institution of marriage needs no comment. In Hindu law, marriage is treated as a Samskara or a sacrament. The Hindu Marriage Act, 1955 introduced monogamy as a law of marriage among Hindus by virtue of Section 5 clause (i) which is essentially the voluntary union for life of one man with one woman to the exclusion of all others. It enacts , “neither party must have a spouse living at the time of marriage”. The expression ‘spouse’ here used, means a lawfully married husband or wife. Before a valid marriage can be solemnised, both parties to such marriage must be either single or divorced or a widow or a widower and only then they are competent to enter into a valid marriage. If at the time of performance of the marriage rites and ceremonies, one or other of the parties had a spouse living and the earlier marriage had not already been set aside, the later marriage is no marriage at all.
The Supreme Court in Bhaurao Shankar Lokhande v. State of Maharashtra , [AIR 1965 SC 1564 ] held, “Prima facie , the expression ‘whoever marries’ in Section 494 of the Indian Penal Code , 1860 (which defines the offence of bigamy) must mean ‘whoever marries validly’ or ‘whoever marries and whose marriage is a valid one’. If marriage is not valid according to the law applicable to the parties, no question arises of its being void by reason of its taking place during the life of the husband or wife of the person marrying. One of the conditions of a valid marriage under the Hindu Marriage Act , 1955 is that it must be ‘solemnised’. Further, Section 13 (2) of the Act provides for grounds of divorce to wife and states, “A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground that in the case of any marriage solemnized before the commencement of this Act, that the husband had married again before such commencement or that any other wife of the husband married before such commencement was alive at the time of the solemnization of the marriage of the petitioner: Provided that in either case the other wife is alive at the time of the presentation of the petition”.
On the basis of Section 13 of the Hindu Marriage Act, 1955, which of the following statements does not relate to the remedy?
Correct Answer :
The introduction of this ground of divorce is unnecessary as it disturbs the sanctity of marital institution.
Solution :
Correct Answer: The introduction of this ground of divorce is unnecessary as it disturbs the sanctity of marital institution.
Explanation:
Section 13(2)(i) of the Hindu Marriage Act, 1955 provides a specific legal remedy to a wife married prior to the commencement of the Act. It allows her to seek a decree of divorce if the husband had married another wife before such commencement, provided the other wife is alive at the time of presenting the petition.
Let us analyze the given options in relation to this statutory remedy:
1. "The object of the Section was to provide an opportunity to the wife in the form of remedy of divorce." — This directly describes the purpose and object of the statutory remedy.
2. "The introduction of this ground of divorce is unnecessary as it disturbs the sanctity of marital institution." — This is a critical subjective opinion/value judgment regarding the policy, rather than a statement defining or relating to the scope and application of the legal remedy itself.
3. "A remedy is only available under this Section if the husband has the other wife living." — This reflects the express proviso in Section 13(2), which requires that the other wife be alive when the petition is presented.
4. "The living status of either spouse is immaterial to claim the remedy." — Although this statement is legally inaccurate regarding the requirement of the other wife being alive, the question asks which statement does not relate to the statutory remedy, making Option B the correct choice as an unrelated value statement.
Therefore, the statement that does not relate to the legal remedy is "The introduction of this ground of divorce is unnecessary as it disturbs the sanctity of marital institution."
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